Gauhati High Court
Shriram General Insurance Co.Ltd vs Gita Rani Nath And 5 Ors on 9 September, 2023
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GAHC010030052023
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : MACApp./47/2023
SHRIRAM GENERAL INSURANCE CO.LTD.
0500-E/8, RIICO INDUSTRIAL AREA, SITAPURA, JAIPUR, RAJASTHAN-
302022 AND HAVING A BRANCH OFFICE AT B.R ARCADE, 3RD FLOOR, 21
JANAPATH, ULUBARI, GUWAHATI- 780507.
VERSUS
GITA RANI NATH AND 5 ORS.
W/O LATE SWAPAN NATH @ SHOPAN KR NATH,
VILL.- NARSINGPUR PT. I (NUTAN BAZAAR),
P.O.- NARSINGPUR,
P.S.- SONAI,
DIST.- CACHAR, ASSAM, PIN- 788115.
2:LALI NATH
D/O LATE SWAPAN NATH @ SHOPAN KR NATH
VILL.- NARSINGPUR PT.- I (NUTAN BAZAAR)
P.O.- NARSINGPUR
P.S.- SONAI
DIST.- CACHAR
ASSAM
PIN- 788115.
3:AKASH NATH
S/O ASISH NATH
VILL.- NARSINGPUR
BOROMONI
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P.O.- NARSINGPUR
P.S.- SONAI
DIST.- CACHAR
ASSAM
PIN- 788115.
4:TAPAN KUMAR SINHA
S/O ANIL KUMAR SINHA
R/O C-30 SECTOR J2
P.S.- G.B NAGAR
NOIDA
UTTAR PRADESH
PIN- 201301.
5:RAJEN CHAITRY
S/O GOPAL CHAITRY
VILL.- HAWAIPUR
P.S.- KHORHI
DIST.- KARBI ANGLONG (ASSAM)
PIN- 782446.
6:ORIENTAL INSURANCE CO LTD.
REP. BY ITS DIVISIONAL MANAGER
P.D.W. ROAD
TOWN CLUB BUILDING
P.O.- SILCHAR- 1
DIST.- CACHAR
Advocate for the Petitioner : MS. P BORTHAKUR
Advocate for the Respondent : MR A B DEY (r-1,2)
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BEFORE
HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI
ORDER
09.09.2023.
This is an appeal filed by the appellant-Shriram General Insurance Co. Ltd.
(for short Insurance Company) against the judgment and award dated
17.11.2022 passed by the Motor Accident Claims Tribunal, Cachar, Silchar (for
short MACT Cachar) in MAC Case No. 364/2018 whereby an amount of
Rs.20,44,800/- along with interest, as compensation, was directed to be paid by
the appellant-Insurance Company to the claimants-respondents.
It is submitted that till today, the aforesaid awarded amount has not been
deposited by the Insurance Company.
Shri Rajendra Dutta, Assistant Manager, Legal of the Insurance Company
and the claimant no. 1. Smti. Gita Rani Nath (mother) and claimant no. 2. Smti.
Lali Nath (sister) along with their learned counsel, Shri AB Dey are present
today i.e., 09.09.2023 in the National Lok Adalat.
The parties present before this Court jointly submit that the matter has
been settled outside the Court and the principal awarded amount i.e.,
Rs.20,44,800/- has been agreed upon as full and final settlement.
In view of the above, the appeal stands closed with a direction that the
Insurance Company shall deposit the principal awarded amount of
Rs.20,44,800/- being the full and final settlement before the MACT, Cachar
within a period of 60 days from today.
The claimants would be at liberty to withdraw the total amount of
Rs.20,44,800/- on being properly identified by their learned counsel. The
manner of release of the aforesaid amount would be in the following terms:
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i) Out of the aforesaid awarded amount of Rs.20,44,800/-, Rs.
10,00,000/- is directed to be deposited in a Fixed Deposit scheme in
the name of claimant no. 1-Smti. Gita Rani Nath in any nationalized
bank for a period of 3 years.
ii) The remaining amount of Rs. 10,44,800/- is directed to be
released in favour of the claimant no. 1-Smti. Gita Rani Nath.
The statutory deposit of Rs.25,000/- made by the Insurance Company at the
time of filing of the appeal would be refunded by the Registry of this Court to
the Insurance Company within the said period of 60 days.
JUDGE
Comparing Assistant
